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(영문) 제주지방법원 2014.11.07 2014고단1346
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a taxi for business use C.

On July 2, 2014, the Defendant driven the above taxi on July 12, 2014, and led the front road of the “ wellcom Center”, which is linked to Jeju City, to the Grand hotel from the middle school of the Central Middle School.

Since there is a place in which a crosswalk is installed, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle, such as taking into account the situation of the front side, temporarily stop in front of the crosswalk, and yield the course to pedestrians.

Nevertheless, the Defendant neglected to do so and went on to the right-hand side of the Defendant’s proceeding, and caused the victim D (the age of 69) who opened the crosswalk to the right-hand side of the Defendant’s proceeding, to shocked the victim D with the front-hand part of the said taxi, thereby causing the victim to suffer injury, such as brain ties, which requires a six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to D traffic accidents;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A normal condition favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: An accident at crosswalks, such as the fact that it appears that damage would be recovered due to joining the mutual aid association: Taking into account the above circumstances and the defendant’s age, character and conduct, health conditions (class 2), economic circumstances, family relationship, etc., such as the fact that the injury is relatively heavy.

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